The Punjab and Haryana High Court adjourned Amritpal Singh’s petition to attend Parliament, facing possible disqualification. The court will hear the case again on February 25 to determine his attendance eligibility.
Chandigarh (Punjab): The Punjab and Haryana High Court on Friday adjourned the petition of jailed Lok Sabha MP and pro-Khalistani leader Amritpal Singh, who sought permission to attend the ongoing Parliament session. His absence from Parliament could lead to the vacating of his seat, as per constitutional provisions. The court has asked the Union of India whether a Parliamentary Committee to decide on such matters has been formed and will hear the case again on February 25.
Amritpal Singh’s advocate argued in court that only six days remain for him to attend Parliament, failing which his membership may be disqualified. According to Article 101(4) of the Constitution, if an MP is absent for more than 60 days without permission, Parliament can declare their seat vacant.
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So far, Amritpal Singh, the Independent MP from Khadoor Sahib, has been absent for 46 days, leaving him just 12 more days before his seat faces automatic disqualification.
Amritpal Singh had previously filed a petition on January 23, seeking permission to attend the Parliament session and the Republic Day celebrations. He argued that his absence prevents his 19 lakh voters from having their voice heard in Parliament.
In court, Chief Justice Sheel Nagu and Justice Sumeet Goel asked Additional Solicitor General Satya Pal Jain whether the ‘Committee on Absence of Members from the Sittings of the House’ has been set up to decide on such issues.
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Amritpal Singh, who won the 2024 Lok Sabha elections from Khadoor Sahib as an Independent candidate, is currently lodged in Assam’s Dibrugarh jail under the National Security Act (NSA).
He was arrested on April 23, 2023, from Moga’s Rode village after he and his supporters staged a protest at Ajnala police station and clashed with the police to demand the release of an aide who had made pro-Khalistan statements.
Singh’s lawyer, Senior Advocate RS Bains, argued that preventive detention should not override parliamentary privileges, as an MP has a constitutional right to attend Parliament.
“The petitioner has been forcibly detained and prevented from attending Parliament. This is not voluntary absence, but a forced action by authorities,”
Singh’s plea stated.
Bains also claimed that jail authorities were censoring Singh’s communication, including letters from the Lok Sabha Secretariat.
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On the other hand, Additional Solicitor General Satya Pal Jain informed the court that MPs can apply for leave, and the Parliamentary Committee will decide whether the reasons are valid. The court has asked Jain to confirm whether this committee has been formed.
With just six days left for Amritpal Singh to save his Lok Sabha membership, the court’s decision on February 25 will be crucial in determining whether he will be allowed to attend the Parliament session.
Amritpal Singh v Union of India and Others
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